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Grosz v. Museum of Modern Art

Petition for certiorari denied on October 3, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-1385 2d Cir. N/A N/A N/A N/A OT 2011

Issue: (1) Whether on a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a federal court may rely on materials extrinsic to a complaint to decide disputed factual issues governing the accrual of statutes of limitations, when this Court in Republic of Austria v. Altmann, 541 U.S. 677 (2004), applied a different standard to a foreign museum; and (2) whether, when the executive branch and Congress have adopted a remedial scheme that relies on traditional legal and equitable remedies to return art stolen during the Nazi era to its true owners and when a state statute of limitations requires actual notice to trigger accrual, a federal court frustrates the executive's foreign affairs powers by adopting a doctrine of constructive notice when that doctrine will cause a forfeiture of rights to stolen artworks.

Briefs and Documents

Certiorari-stage documents